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2002

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Institution
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Articles 91 - 97 of 97

Full-Text Articles in Judges

The Textualism Of Clarence Thomas: Anchoring The Supreme Court's Property Rights Jurisprudence To The Constitution , Nancie G. Marzulla Jan 2002

The Textualism Of Clarence Thomas: Anchoring The Supreme Court's Property Rights Jurisprudence To The Constitution , Nancie G. Marzulla

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Dissenting Opinions: In The Georgia Supreme Court, R. Perry Sentell Jr. Jan 2002

Dissenting Opinions: In The Georgia Supreme Court, R. Perry Sentell Jr.

Scholarly Works

Under our system of justice, each jurisdiction necessarily evolves its own distinct tradition of judicial dissent. That evolution's impetus, history, pattern, and results all converge in an informative profile--affording yet another means of studying a state's highest appellate court. A dissent profile of the Georgia Supreme Court thus offers an additional evaluative view of the state's most important judicial cathedral.

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Judicial Elections And Campaign Finance Reform, Roy A. Schotland Jan 2002

Judicial Elections And Campaign Finance Reform, Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

In the judicial realm, the issue of campaign finance cuts across all states that use any form of election as part of their selection or retention system, whether the elections are partisan or non-partisan. The raising of money for campaigns is a task that has to be performed in all states that use any form of election. Like many other things that we have discussed today it seems to involve a sort of balancing act. The state certainly has a strong interest in protecting the integrity of its judiciary and encouraging the public perception of the judiciary as an institution …

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A Note On The Neutral Assignment Of Federal Appellate Judges, Carl W. Tobias Jan 2002

A Note On The Neutral Assignment Of Federal Appellate Judges, Carl W. Tobias

Law Faculty Publications

Response to J. Robert Brown, Jr. & Allison Herren Lee, Neutral Assignment of Judges at the Court of Appeals, 78 Tex. L. Rev. 1037 (2000).

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Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles Jan 2002

Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles

Faculty Scholarship

Baker v. Carr is one of the Supreme Court's most important opinions, not least because its advent signaled the constitutionalization of democracy. Unfortunately, as is typical of the Court's numerous forays into democratic politics, the decision is not accompanied by an apparent vision of the relationship among democratic practice, constitutional law, and democratic theory. In this Article, Professor Charles revisits Baker and provides several democratic principles that he argues justifies the Court's decision to engage the democratic process. He examines the decision from the perspective of one of its chief contemporary critics, Justice Frankfurter. He sketches an approach, described as …

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Taking Lessons From The Left?: Judicial Activism On The Right, Stephen F. Smith Jan 2002

Taking Lessons From The Left?: Judicial Activism On The Right, Stephen F. Smith

Journal Articles

The topic I would like to address in this essay is the subject of conservative judicial activism. Dismayed at the boldness of the Rehnquist Court's conservative majority in areas such as affirmative action and race-based redistricting, federalism, takings law, and my own field of constitutional criminal procedure, critics have accused the Court of being "activist." These attacks have become almost ubiquitous now, to the point that it is increasingly difficult to find any area of the Rehnquist Court's jurisprudence that has not been condemned as activist. Perhaps this is not surprising; the term "activism" packs a powerful rhetorical punch, especially …

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Note On The Neutral Assignment Of Federal Appellate Judges, Carl Tobias Jan 2002

Note On The Neutral Assignment Of Federal Appellate Judges, Carl Tobias

San Diego Law Review

Neutral Assignment of Judges at the Court of Appeals (Neutral Assignment) substantially increases comprehension of the federal intermediate appellate courts. The most striking aspect of the recent article by Professor J. Robert Brown, Jr. and Ms. Allison Herren Lee is the revelation of new information which strongly suggests that the United States Court of Appeals for the Fifth Circuit did not randomly assign members of the federal bench to three-judge panels which heard cases involving desegregation and that this practice facilitated substantive results which favored integration. The material's release may well provoke controversy; however, Neutral Assignment is much more than …

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